Berta Posted October 4, 2010 Share Posted October 4, 2010 (edited) "I reminded the VARO during my claim and appeals that I had filed back then and that they would have the original claim file along with the denial letter for compensation and the award letter for NSC Pension for CAD.....". GOOD for you -I reminded VA of a prior IHD denial I had in 1995 I think it was. An SSA award for IHD is independent medical evidence of unemployablity. Did you receive the actual decision yet? or was this a heads up from your rep? What did the decision say as to Nehmer? I saw some recent BVA cases with IHD due to AO that BVA stayed until the regs are posted. Maybe they arent going to apply Nehmer to your claim yet? Until the regs are published formally. NVLSP wants to hear from any vet or widow with a new claim under Nehmer. They request email to agentorange@nvlsp.org They need your name, C file number, your email and phone number and address, date of original claim for any new AO presumptive in the pending regs that was denied,(or a good guess on that date) and date you filed the new AO claim. You will receive basically the same email response I got: "Dear Ms. Simmons: Thank you for your email. The National Veterans Legal Services Program will ensure that the VA reviews your case to determine your eligibility for retroactive Agent Orange-related benefits. The VA published its final regulation adding ischemic heart disease, Parkinson’s disease, and B cell leukemias to its list of Agent Orange-related diseases on August 31, 2010. Before benefits can be paid, there is a two month Congressional review period. After the review period, the VA will begin finalizing decisions in cases such as yours regarding entitlement to retroactive Agent Orange-related benefits. As this process may be lengthy, please keep us informed if your contact information changes. Additionally, please let us know when you receive a decision from the VA regarding your eligibility for such benefits. Sincerely, National Veterans Legal Services Program" NVLSP won Nehmer so they dont want the VA to mess around with Nehmer retros again (as they did in the late 1990s) and they are collecting a data base of sorts to keep an eye on these claims. Edited October 4, 2010 by Berta Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted October 4, 2010 HadIt.com Elder Share Posted October 4, 2010 Great news I am very happy for you Link to comment Share on other sites More sharing options...
aboogger Posted October 4, 2010 Author Share Posted October 4, 2010 "I reminded the VARO during my claim and appeals that I had filed back then and that they would have the original claim file along with the denial letter for compensation and the award letter for NSC Pension for CAD.....". GOOD for you -I reminded VA of a prior IHD denial I had in 1995 I think it was. An SSA award for IHD is independent medical evidence of unemployablity. During my tdiu p & t appeal, the VA used my SSDI award letter which in the SSDI award it so stated my SSDI was due to Chronic Ischemic Heart Disease...not just heart disease or anything else, it so stated Chronic IHD... Did you receive the actual decision yet? or was this a heads up from your rep? YES, I received the official award letter Saturday...and they also granted my wife full benefits as well. What did the decision say as to Nehmer? I saw some recent BVA cases with IHD due to AO that BVA stayed until the regs are posted. In the award letter it stated the following: (NOTE TO VETERAN: Your claim for an earlier effective date for heart disease as due to Agent Orange exposure under the Nehmer Law is pending. Final regulations will be available sometime after October 31, 2010. Therefore, you will be notified of a decision on your claim sometime after the final regulations are available.) Maybe they arent going to apply Nehmer to your claim yet? Until the regs are published formally. NVLSP wants to hear from any vet or widow with a new claim under Nehmer. I have been in contact with NVLSP and they have all my information and they advised me to let them know what effective date they give me once a decision under Nehmer has been awarded. It the VA gives me an effective date back to only 2001, then the NVLSP wants me to advise them as they told me my effective date should be back to 1995. They request email to agentorange@nvlsp.org They need your name, C file number, your email and phone number and address, date of original claim for any new AO presumptive in the pending regs that was denied,(or a good guess on that date) and date you filed the new AO claim. You will receive basically the same email response I got: "Dear Ms. Simmons: Thank you for your email. The National Veterans Legal Services Program will ensure that the VA reviews your case to determine your eligibility for retroactive Agent Orange-related benefits. The VA published its final regulation adding ischemic heart disease, Parkinson’s disease, and B cell leukemias to its list of Agent Orange-related diseases on August 31, 2010. Before benefits can be paid, there is a two month Congressional review period. After the review period, the VA will begin finalizing decisions in cases such as yours regarding entitlement to retroactive Agent Orange-related benefits. As this process may be lengthy, please keep us informed if your contact information changes. Additionally, please let us know when you receive a decision from the VA regarding your eligibility for such benefits. Sincerely, National Veterans Legal Services Program" NVLSP won Nehmer so they dont want the VA to mess around with Nehmer retros again (as they did in the late 1990s) and they are collecting a data base of sorts to keep an eye on these claims. Link to comment Share on other sites More sharing options...
Berta Posted October 4, 2010 Share Posted October 4, 2010 This is GREAT! "NOTE TO VETERAN: Your claim for an earlier effective date for heart disease as due to Agent Orange exposure under the Nehmer Law is pending. Final regulations will be available sometime after October 31, 2010. Therefore, you will be notified of a decision on your claim sometime after the final regulations are available.)" I am very glad you contacted NVLSP too. I foresee a very good sized retro coming you way under Nehmer but we cannot predict what VA will do- But I know NVLSP will make sure we all get the proper retro! The EED for my survivor's claim is 1988 and they will have to do a staged rating until date of my husband's death.(from heart disease)And then properly determine SMC as accrued. His total disabling CVA stroke was directly due to his IHD from AO.His DOppler ECHO even reveals they were looking for more clots such as the one that caused hs major CVA. I worded my claim carefully ,reminded them of a past IHD denial and sent them enough medical evidence to award.Sounds like you did your claim very well! Link to comment Share on other sites More sharing options...
aboogger Posted October 4, 2010 Author Share Posted October 4, 2010 This is GREAT! "NOTE TO VETERAN: Your claim for an earlier effective date for heart disease as due to Agent Orange exposure under the Nehmer Law is pending. Final regulations will be available sometime after October 31, 2010. Therefore, you will be notified of a decision on your claim sometime after the final regulations are available.)" I am very glad you contacted NVLSP too. I foresee a very good sized retro coming you way under Nehmer but we cannot predict what VA will do- But I know NVLSP will make sure we all get the proper retro! The EED for my survivor's claim is 1988 and they will have to do a staged rating until date of my husband's death.(from heart disease)And then properly determine SMC as accrued. His total disabling CVA stroke was directly due to his IHD from AO.His DOppler ECHO even reveals they were looking for more clots such as the one that caused hs major CVA. I worded my claim carefully ,reminded them of a past IHD denial and sent them enough medical evidence to award.Sounds like you did your claim very well! Berta.... As to NVLSP, I first contacted them way back last year. I have had numerous emails to and from them on this matter and I have all the emails saved. As to my claim, I virtually did everything myself as far as writting all my NOD's and Appeals to include different 21-4138's ....and made sure I submitted ALL my private medical records to include a NEXUS from my Private Cardiologist back in 2008 whereas he stated my Early Onset of IHD was a direct cause from being exposed to AO. I have a VSO but he would NEVER assist me on anything except to transmit what I submitted so there as a paper trail....He is not a good VSO but I did not let that discourage me so I made sure I researched EVERYTHING and worded everything to my advantage. I even researched BVA cases and submitted two different case laws where two different Veterans were awarded TDIU for IHD with LESS severity than what my IHD is and has been for years. It took the idea of NEVER GIVE UP. In one of my 4138's I reminded the VA of my first claim back in 1995 and ask that they AMEND my earlier effective date back to then instead of 2001....So we'll see if they took heed to that...LOL Link to comment Share on other sites More sharing options...
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